user agreement

Welcome, and thanks for using the Giving Planner, a web application operated by Giving Compass LLC.

Giving Planner is a product from Giving Compass LLC, creators of GivingCompass.org and the Giving Planner.

Last Updated:  September 14, 2018

GIVING PLANNER TERMS OF USE

Giving Compass LLC  (“Giving Compass,” “we,” and “our”) produces resources and tools to support individual donors in charitable giving, including Giving Compass ( www.givingcompass.org); Giving Planner (www.givingplanner.org) (collectively, the “Sites); and the Giving Compass API and the Giving Compass Widget (collectively, the “Products”).  Our philosophy is to focus on the user before anything else. Serving the interests of the user guides all of the decisions we make, including how we gather, use and secure your personal information.

When you use the services that we offer through the Sites and Products (as further described below, the “Services”), you are agreeing to our terms, so please take a few minutes to read over these Terms of Use set forth in more detail below.  Note: You are entering into a legally binding agreement. Certain features of the Services or Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Sites, as applicable, in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

These Terms of Use, which includes by reference, our Privacy Policy (collectively, the “Agreement”), sets forth the legally binding terms for your use of the Sites and Services. By accessing or using the Sites and Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Sites or Services or accept the Agreement unless you are at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Sites or Services. Each of our products’ applications has its own terms of use, available in the respective application. In the event of any conflict between this Agreement and the terms of a product and/or application, the latter shall govern.  This Agreement constitutes a binding legal agreement between you and Giving Compass. Please read these terms carefully and print a copy for reference.

We may, in our sole discretion, modify this Agreement with or without notice to you. The “Last updated” date at the top of this Agreement will indicate when the latest modifications were made. We will post the revised Agreement on the Sites.  PLEASE REVIEW THE SITES ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT. You agree that we shall not be liable to you or to any third party for any modification of the Agreement.

GIVING PLANNER

We provide Giving Planner Visitors and Registered Users with access to the Services as described in this Agreement.

1. Introduction

General.  Giving Planner is a cloud-based application that helps you plan, track and manage your giving activities.

Visitors.  Visitors, as the term implies, are people who don’t register with us, but want to view the SIte  and see what the Services are all about. No login is required for Visitors. Visitors may: (a) view and use  all publicly-available features; and (b) e-mail us.

Registered Users.  Registered Users are able to access and utilize the same functions as Visitors.  In addition, Registered Users may create a profile; create a personal planner with the input of a zip code, age range, and salary range; manage and update profile and preferences; record contributions of money, gifts and volunteer hours; upload receipts for contributions; compare giving vs. peers; get access to partner content and trending news; and share updates and articles on social media.

2. Obligations
2.1. Service Eligibility

Here are some promises you make to us in this Agreement:

To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; and (2) you will only have one Giving Planner account.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries.

However, if law requires that you must be older in order for Giving Planner to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

2.2. Registration

During the registration process for Registered Users, we will ask you to create an account. Giving Planner uses Auth0 for user authentication and authorization. Users can log in with an existing credential of their choice. We offer the following options: Facebook, Google, Linkedin, Microsoft.

You are solely responsible for the confidentiality and use of your account, as well as for any use, misuse, or communications entered through the Services. You will promptly inform us of any need to deactivate your account.  Giving Compass will not be liable for any loss or damage caused by any unauthorized use of your Giving Planner account.

2.3. Notices and Service Messages

You’re okay with us using the Sites, and any of our other websites, and email to provide you with important notices. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn’t up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided. You agree to keep your contact information up to date.  You further understand and agree that your agreement to receive such communications is a condition of your use of the Sites as a Registered User. Unless explicitly stated otherwise, any new feature that enhances or supplements the Site shall be subject to the Agreement. Please review your givingplanner.org user settings to control and limit what kind of messages you receive from us.

2.4. Messages and Sharing

When you share information, others can see, copy and use that information. Our Services allow sharing of information via social media channels. Where we have made settings available, we will honor the choices you make about who can see content or information. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits
3.1. Your License to Giving Compass

You own all of the personal information and content you provide to us, but you also grant us a non-exclusive license to use it, within this User Agreement and our Privacy Policy. We’ll honor the choices you make about who gets to see your information and content. You promise to only provide information and content that you have rights to and that your Giving Planner profile will be truthful.

You are only granting Giving Compass the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, and process, information that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:  you can end this license by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

We will not include your information and content in advertisements for the products and services to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your information and content.

3.2.  Copyright and Trademark Policy

Giving Planner, and in some cases the Services themselves, are protected by copyright, patent, trademark and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained within Giving Planner, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any thing not owned by you (i) without the prior consent of the owner, which may be Giving Compass or our licensors or, (ii) in a way that violates someone else’s (including Giving Compass’s) rights.

You understand that Giving Compass owns the Services and intellectual property in them. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. We respect others’ intellectual property rights, and we reserve the right to delete, disable, or terminate your account.

Copyright © 2018, Giving Compass LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites and in the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Giving Compass respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content or user content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under the Act is as follows:

Giving Planner
Attn: DMCA
1012 1st Ave, Suite 200

Seattle, WA 98104

If you believe that your work has been copied on the Sites or Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

3.3. Service Availability

We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve uploaded. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you and we will do our best to provide prior notice on any change to our Services..You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

3.4. Other Content, Sites and apps

Third parties may offer their own products and services through Giving Planner, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for third parties’ content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Giving Planner is not responsible for these other sites and apps — use these at your own risk.

3.5. Limits

We have the right to limit how you connect and interact on our Services.  We’re providing you notice about our intellectual property rights. Giving Compass reserves the right to limit your use of the Service. Giving Compass reserves the right to restrict, suspend, or terminate your account if Giving Compass believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any Do and Don’ts).

4. Disclaimer and Limit of Liability
4.1. No Warranty

GIVING COMPASS DISCLAIMS ANY LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF GIVING PLANNER. GIVING PLANNER IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GIVING COMPASS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GIVING COMPASS FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF GIVING PLANNER. YOUR USE OF GIVING PLANNER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF GIVING PLANNER.

4.2. Limited Liability

NEITHER GIVING COMPASS NOR ITS SUPPLIERS SHALL BE LIABLE BASED ON OR FROM YOUR USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, USER CONTENT, OR THE SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GIVING PLANNER, FROM INABILITY TO USE GIVING PLANNER OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GIVING PLANNER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE SITES AND SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

5. Termination

Giving Compass reserves the right, in its sole discretion, to discontinue providing Giving Planner at any time and to require you to cease using Giving Planner for any reason including, without limitation, your violation of any provision of these Terms of Use.

6.  Indemnification

You agree to indemnify, defend and hold Giving Compass harmless form and against any claims arising from your use of the Sites or the Services, your breach of these Terms of Use, or your violation of any applicable law, rules, or regulations, or the rights of a third party.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

7. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in Washington state courts, applying Washington state law. You agree that the laws of the State of Washington, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of King County, Washington, USA, and we each agree to personal jurisdiction in those courts.

8. General Terms

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. The Sites and the Services are designed to comply with the laws of the United States.  The Sites and the Services are intended for access and use by U.S. residents only.

If we don’t act to enforce a breach of this Agreement, that does not mean that Giving Compass has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your registration or use of Services) to anyone without our consent. However, you agree that Giving Compass may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

9. Giving Planner “DOs and DON’Ts.”
9.1. DOs. You agree that you will:
  • Comply with all applicable laws, rules and regulations, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.
9.2. DON’Ts. You agree that you will not:
  • Act dishonestly or unprofessionally, including by uploading inappropriate, inaccurate, or objectionable content;
  • Misrepresent your current or previous philanthropic activities;
  • Create a Registered User profile for anyone other than yourself (a real person);
  • Use or attempt to use another’s account;
  • Act in an unlawful, libelous, slanderous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose (such as confidential information of others);
  • Violate the intellectual property or other rights of Giving Planner, including, without limitation, using the word “Giving Planner” or our logos in any business name, email, or URL
  • Upload anything that contains software viruses, worms, or any other harmful code;
  • Copy or use the information, content or data on Giving Planner in connection with a competitive service (as determined by Giving Planner);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Collect, use, copy, or transfer any information obtained from Giving Planner without the consent of Giving Planner;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Override any security feature of the Services; and
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

10. Complaints
We respect the intellectual property rights of others. We require that information uploaded by Registered Users and Visitors be accurate and not in violation of the intellectual property rights or other rights of third parties.
11. How to Contact Us

If you want to send us notices or service of process, please contact us:

Online at: https://givingplanner.org or by mail at: Giving Planner, Attn: Agreement Matters (Legal), 1012 1st Ave, Suite 200, Seattle, WA 98104.

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